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Necessary and Indispensable Parties
James, Fleming
James, Fleming
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Abstract
In this article we shall consider who are "necessary" and "indispensable" parties. These terms are words of art. Necessary parties are those who must be included in an action either as plaintiffs or defendants unless there is a valid excuse for their non-joinder. Probably it would be better to call such parties "conditionally necessary," but the shorter term will be used here to conform to general modern usage. Indispensable parties are those who must be included in an action before it may properly go forward. No excuse will be accepted for their non-joinder.